There can be overlapping activities between COMESA, EAC, SADC, TFTA and other regional agreements on competition which need to be harmonized. The overlap of membership can have implications on funding. African countries with small economies and poverty issues face a big problem of prioritization of the resources, which is a process of deciding what type of activities, enforcement action, advocacy initiatives, or in general competition policy measures a
146 Thomsen, Competition Policy Guidelines, page 8 Available at
https://www.oecd.org/investment/toolkit/policyareas/competition/Competition%20Policy%20Guidance,%20Tho msen.pdf Accessed on 12 October 2018
competition agency might pursue in a given period of time.148 Allocating resources for
competition law may not be deemed as a necessity or priority and some countries tend to prioritize one community, resulting in others lacking the necessary resources. Hence, there is need to clarify the relationship of the organizations in the same region as this may undermine the success of the AfCFTA as with COMESA.
6.7 CONCLUSION
This study has discussed the background on the formation of the AfCFTA and its aims and objectives. It has identified some of the benefits that should flow from a successfully implemented AfCFTA vis a vis competition and some of the difficulties that may hinder its implementation. It has also identified some of the future challenges that can threaten to slow down implementation, as well as the positive impacts and benefits for the member countries who have signed the agreement. It concluded by discussing some of the potential blind spots and issues that governments need to address, and their impact on the African continent.
From the foregoing it is important to recognize the anti-competitive behaviors are a subject of concern when one considers the interface between trade and competition policy. Every member must have some form of competition law and policy to eliminate the anti-competitive behaviors which reduce the benefits of trade. Greater effort must therefore be taken to educate the national authorities and the public at large on the benefits of competition and importance of the implementation of a transparent and effective competition policy. Those include, the protection of the welfare of consumers and enhancing the attractiveness of an economy to foreign investment.
To ensure that competition law enforcement is consistent with the AfCFTA, there would have to be a mechanism ensuring that anti-competitive practices having a market access are in fact eliminated. This can be done either through applying domestic competition laws or at the regional level, through cooperation or member countries can agree on strong and clear regional law provisions and regional authorities set up. The writer is of the view that that cooperation in the form of technical assistance would be ideal for the AfCFTA given the limited human and financial resources in most member countries. To those member countries without competition
laws, technical assistance programmes can enable countries to have access to the expertise and assistance needed to craft and introduce laws that are suitable to their level of development. Later, when the above raised issues have been addressed, member countries can move to a fully- fledged competition law regime with community competition rules and a regional competition authority.
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List of Interviews conducted
Interview with Wamkele Mene, Chief Director: Africa Multilateral Economic Relations International Trade and Economic Development Division Department of Trade and Industry, South Africa on 16 January 2018.
Interview with Das Nair Reena, Senior Lecturer, School of Economics, College of Business and Economics, Senior Researcher, Centre for Competition, Regulation and Economic Development, South Africa on 6 July 2018.
Interview with Professor Gehard Erasmus, Associate Trade Law Centre (TRALAC) on 30 July 2018
Interview with Modecai Donga, competition law consultant, former chief investigation and litigation officer of the Swaziland Competition Commissioner on 20 August 2018